Green Card Tax Requirements - Do I file taxes if I don't live in the US but visit occasionally?

Hey all, I'm trying to figure out tax requirements for my aunt and uncle who recently got their green cards but still live abroad. They're planning to visit the US a few times a year to maintain their green card status (apparently they need to come at least once every 6 months). If they only stay in the US for like 25-30 days each year, do they still need to file US taxes? Or is there some exception since they don't meet the "substantial presence" test (not here for 183 days over 3 years)? I've been going through the IRS website pages about this and honestly I'm more confused now than when I started lol. Is it just about the substantial presence test or does having a green card automatically mean they need to file regardless of how much time they spend here? Thanks for any help!!

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18 comments

Morgan Washington

•8M

Green card holders (lawful permanent residents) are considered U.S. tax residents regardless of how much time they physically spend in the United States. This is different from the substantial presence test, which applies to people who aren't green card holders or citizens. Your aunt and uncle will need to file U.S. tax returns reporting their worldwide income, even if they're only in the U.S. for short visits. The substantial presence test doesn't override their tax obligations as permanent residents. However, there are some potential options they should know about. If they live in a country that has a tax treaty with the U.S., they might be able to file as nonresidents under certain circumstances. They might also be eligible for the Foreign Earned Income Exclusion or foreign tax credits to avoid double taxation.

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Morgan Washington

•8M

Yes, that's exactly right - green card holders are U.S. tax residents regardless of physical presence, so they must report worldwide income. There's no minimum threshold that exempts them from filing based on time spent in the U.S. However, they may be able to exclude some foreign income using the Foreign Earned Income Exclusion (up to $124,000 per person for 2025) if they meet either the bona fide residence test or the physical presence test. They can also claim foreign tax credits for taxes paid to other countries, which often prevents double taxation.

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Kaylee Cook

•8M

I was in a similar situation with my parents last year and found this amazing tool that helped clarify their exact tax obligations as green card holders living abroad. Check out https://taxr.ai - it analyzes your specific residency situation and clearly explains which filing requirements apply to you. When I uploaded my parents' green card details and travel history, it immediately clarified that yes, they needed to file as U.S. residents despite living abroad most of the year, but then it showed exactly which forms they needed and which foreign tax credits they qualified for. Saved us from so much confusion!

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Kaylee Cook

•8M

Yes, it absolutely works for non-green card holders too! The tool analyzes your specific situation including citizenship, visa status, income sources, and residency patterns to determine your US tax obligations. It's particularly helpful for remote workers who need to understand their tax situation. Regarding accuracy, I was skeptical too initially. What impressed me was that it specifically addresses international tax situations and treaty provisions that most general tax software misses. It's developed by tax attorneys who specialize in international tax law, and provides citations to specific IRS regulations so you can verify everything yourself.

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Lara Woods

•8M

Just wanted to follow up - I tried https://taxr.ai after my skeptical comment and I'm honestly impressed. I've been dealing with this exact green card situation (living abroad but maintaining US status) and it gave me super clear guidance. I found out I actually qualified for something called the "closer connection exception" that my regular accountant never mentioned. The tool broke down exactly which forms I needed to file and walked me through the foreign tax credit calculations. Saved me from paying double taxes on about $45,000 of income. Definitely recommend for anyone dealing with international tax situations!

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Adrian Hughes

•8M

If your aunt and uncle are having trouble getting through to the IRS to ask specific questions about their green card tax obligations, I'd recommend using https://claimyr.com to get connected with an IRS agent quickly. I spent WEEKS trying to get through on my own when I had questions about my foreign tax credits as a green card holder living overseas. With Claimyr, I got through to an actual IRS representative in less than 15 minutes who specifically answered my questions about Form 8833 (Treaty-Based Return Position Disclosure) that I needed for my situation. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Honestly worth it for the time saved alone - international tax situations are complicated enough without spending hours on hold!

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Adrian Hughes

•8M

They don't call for you - they use a system that navigates the IRS phone tree and waits on hold for you. When an agent finally picks up, your phone rings and you're connected directly to them. It's your call, you just don't have to do the waiting part. Yes, you can absolutely call yourself, but the IRS international tax line is notoriously difficult to get through on - average wait times have been 45-90 minutes lately, and they often disconnect you if their call volume is too high. This service just handles the waiting so you don't have to keep your phone tied up for hours.

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Lara Woods

•8M

Well I need to apologize for my skepticism about Claimyr! After struggling with my green card tax questions for weeks, I decided to try it yesterday out of desperation. Within 20 minutes I was actually speaking with an IRS representative who specializes in international tax issues! The agent confirmed exactly what I needed to know about my filing status as a green card holder who lives abroad most of the year, and clarified which specific forms I need to file to claim treaty benefits. Got more useful information in one 15-minute call than from hours of reading online forums. Sometimes it's worth admitting when you're wrong!

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Ian Armstrong

•8M

One important thing your aunt and uncle should look into is whether they qualify for the "dual-status alien" filing in their first year. This lets them file as nonresidents for part of the year before they got their green cards, and as residents after. Also, they should definitely check if their home country has a tax treaty with the US. Many treaties have "tie-breaker rules" that can determine which country has primary taxing rights when someone has connections to both countries.

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Ian Armstrong

•8M

You have to specifically claim treaty benefits by filing Form 8833 (Treaty-Based Return Position Disclosure) with your tax return. It's not automatic - you need to identify which specific treaty provision you're claiming and explain why it applies to your situation. Using tie-breaker rules can potentially affect immigration status long-term. The IRS and USCIS don't directly share this information, but claiming to be a non-resident for tax purposes while holding a green card can raise questions about your intent to permanently reside in the US during future immigration proceedings. It's a bit of a balancing act that should be discussed with both a tax professional and an immigration attorney.

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Morgan Washington

•8M

That's correct. Form 8840 is specifically for non-resident aliens who meet the substantial presence test but wish to claim a closer connection to a foreign country. Green card holders cannot use Form 8840 because they're already considered U.S. tax residents regardless of their physical presence. The only way for green card holders to be treated as non-residents for tax purposes is through an applicable tax treaty using Form 8833, or if they've formally abandoned their permanent resident status.

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